Excerpt: ...lyn Silveira (“C arolyn”) 1 and David J. Silveira, Sr. (“David, Sr.”) were a married couple with five children: Audrey Petricevich (“Audrey”), Manuel Silveira (“Manuel”), Francille Elaine Peters (“Francille”), David Silveira Jr. (“David Jr. ”) and “Dominick Silveira (“Dominick”)2 . In or around 2016, Carolyn created the Carolyn L. Silveira Separate Property Revocable Trust dated August 2, 2016, ("Carolyn Trust"), nam...

Excerpt: ...2, showing that pers onal service had been effected on Defendant on August 3, 2022. Defendant did not file an Answer. On March 20, 2023, Plaintiff filed its First Amended Complaint (“FAC”) again alleging breach of contract but reducing the amount sought. A summons was issued at that time. On May 3, 2023, a hearing was held for an Order to Show Cause as to why Plaintiff had not obtained a default judgment within one year of the first Complaint...

Excerpt: ...n interest and ownership and that Downey owns Airola. (Complaint ¶ 22.) Upon information and belief, Downey Management owns Airola Road Viney ards. George Krause is listed as the agent for both businesses. (Ibid.). Defendants own an 88 -acre estate that operates as a vineyard and wedding venue. (Id. ¶ 23.) Defendants also own two residential properties on the estate, both of which operate as Airbnb rental properties. (Ibid.) Apparently, the ent...

Excerpt: ...ed Complaint (“TAC”); a nd 3) Motion to Preserve Evidence. As the motions regard the same set of facts and procedural history, the Court will consider all three together herein. Webster opposes the motions. Plaintiff filed amended notices which included the required language set forth in Local Rule 3.3.7. I. Background Plaintiff filed her original complaint on April 30, 2025, against Webster, alleging causes of action for: 1) quiet title, 2) ...

Excerpt: ...California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000, et seq.), the Planning and Zoning Law (Gov. Code, § 65300, et seq.), and the California Public Records Act (Gov. Code, § 6250, et seq., now § 7920 et seq.). Now before the Court is a motion to dismiss pursuant to Code of Civil Procedure section 583.360 brought by the Board. CPC opposes the motion. I. Legal Standard California Code of Civil Procedure section 583.310 req...

Excerpt: ...(a), which states that "De fendant was sued only on a contract or judgment of a court of this state for the recovery of money." (Id. ¶ 11.) Plaintiff now seeks to amend the judgment to include a judgment of foreclosure in addition to money damages. I. Background Facts This action concerns a 120 -acre vineyard and winery located in Vallecito, California (the "Property"). In 2004, the Stai Family Trust borrowed the purchase price from Plaintiff an...

Excerpt: ...“Tuckerman -Aho”) (collectivel y, “Defendants”.) Now before the Court is Defendants' motion for sanctions pursuant to Code of Civil Procedure section 128.7. I. Background During a phone call with Finnerty on April 18, 2025, Plaintiff alluded to her intention to file a motion to disqualify based on her unsubstantiated belief that Mr. Tuckerman was paying Defendants' legal fees. (Finnerty Decl. ¶ 4(a).) During that call, Finnerty informed ...

Excerpt: ...ylor (“Taylor”) and Shar on L. Clark (“Clark”) Trustees of the Double Springs Ranch Trust; Carol A. Gates, Trustee of the Carol A. Gates Family Trust (“Gates”); Perry Williard; Cheryl Willard Alden R. Houbein and Virginia A Houbein, Trustees of the Houbein Revocable Trust DTD March 21, 1996; John M. Taylor, Katherine L. Taylor, and Mark Van Lobel Sels and Mary Van Lobel Sels (collectively “Van Loben Sels”). On April 29, 2025, Tayl...

Excerpt: ...n Ranch property line) (“Cain Easement.”) Plaintiff claims the Cain Easement is for cattle herding and grazing. Defendant filed a cross -complaint to remove obstructions within the easement. The Court previously granted permission for Defendant to remove obstructions that were blocking the Cain Easement. Now before the Court is Plaintiff's motion for preliminary injunction to prevent destruction of the grass used for grazing in the Cain Easem...

Excerpt: ...s claims for cont ractual indemnity. The Motion does not comply with Local Rule 3.3.7. All matters noticed for the Law & Motion calendar shall Include the following language in the notice: 3 3 7 Tentative Rulings (Repealed Eff 7/1/06, As amended 1/1/18) All parties appearing on the Law and Motion calendar shall utilize the tentative ruling system. Tentative Rulings are available by 2:00 p.m. on the court day preceding the scheduled hearing and ca...

Excerpt: ...) a motion to strike claims fo r punitive damages. Both motions are addressed herein. Counsel for EA Services avers that he attempted to meet and confer regarding both the demurrer and motion to strike but did not receive answers from Plaintiff's counsel. (Declarations of Jihan El Saouda.) Plaintiff has filed notice that he does not oppose the motion to strike punitive damages filed by EA Services. Accordingly, the motion to strike is GRANTED. I....

Excerpt: ...�) (collectively, “Defenda nts”.) Motion to Disqualify A disqualification motion involves a conflict between a client's right to chosen counsel and the need to maintain ethical standards of professional responsibility. (Clark v. Sup. Ct. (2011) 196 Cal.App.4th 37, 47 - 48.) A motion to disqualify is an equitable motion that “requires consideration of numerous factors, including a client's right to counsel of its choice, an attorney's in...

Excerpt: ...5, Plaintiff filed a complaint against Defendant. The Complaint and Service of Summons were served by s ubstituted service via U.S. mail on March 5, 2025. (Declaration of Jonathon Joannides (“Joannides Decl.”) ¶ 6, Ex. D.) The summons shows that the items were served by mail at a business address of 5325 Elkhorn Blvd in Sacramento, California. (Ibid.) According to Brittany Bartel, Director of Customer Experience at Mona Lee Solar CA LLC, whe...

Excerpt: ... Complaint and th e First Amended Complaint (FAC) was filed on May 27, 2023. The FAC removed some of the original causes of action, but added, for the first time, a cause of action for private nuisance. On April 25, 2025, the Court denied GHOC's motion to specially set the matter for trial before expiration of the 5 -year statute under Code of Civil Procedure section 583.310. Now before the Court is a motion to dismiss pursuant to Code of Civil P...

Excerpt: ...herein with a single ruling. I. Factual and Procedural Background A. Background Facts In the later part of 2021 and into the early part of 2022, Plaintiff consulted with Defendants in their Copperopolis office regarding a better option for his upper bridge. (FAC ¶ 5.) During this consultation period, Plaintiff was advised by Defendants of a product/procedure known as All on Four dental implants, which would be semipermanent, natural looking impl...

Excerpt: ...ther UPC did something to increase the risk of getting hurt diving off the rock wall. On December 20, 2024, the Court denied UPC's motion for leave to renew summary judgment. Now before the Court is Defendant's second motion for leave to file renewed motion for summary judgment. UPC's renewed motion focuses on the Court's granting of EBMUD's motion for summary judgment. UPC again contends that it is entitled to renew its motion pursuant to Code C...

Excerpt: ...C, Real Time Resolut ions, Inc., FCI Lender Services, Inc., Connie M. Riggsby, Orlon Financial Group, LLC, and Wilmington Saving Fund Society DBA Christiana Trust as Trustee for 2005 Residential Trust 3 -2. Defendants provided an omnibus response on March 3, 2025. (RJN, Ex. 2.) Defendants objected to each RFA on various grounds, including that the RFAs were compound and conjunctive as they were directed to numerous Defendants, without any differe...

Excerpt: ...language in th e notice: 3 3 7 Tentative Rulings (Repealed Eff 7/1/06, As amended 1/1/18) All parties appearing on the Law and Motion calendar shall utilize the tentative ruling system. Tentative Rulings are available by 2:00 p.m. on the court day preceding the scheduled hearing and can be accessed either through the court's website or by telephoning 209 -754 - 6285. The tentative ruling shall become the ruling of the court, unless a party desiri...

Excerpt: ... causes of action for wa ge and hour violations, including failure to pay overtime wages, wage statement violations, waiting time penalties and unfair competition. Plaintiff seeks penalties and damages under the Labor Code, Business and Professional Code, and the Private Attorney General's Act (“PAGA”). Plaintiff reports the matter has settled and moves for preliminary approval of settlement agreement (“Agreement”). (Code Civ. Proc., § 3...

Excerpt: ...nals, persons dangerous to minors, living at plaintiffs house, as well as other accusations." (Plaintiff's Complaint). Individual defendants are Scott McNurlin ("McNurlin"), Diane Bateman ("Bateman"), Christy Miro ("Miro"). Jenny Eltringham ("Eltringham"). Timothy Randall ("Randall", and Alvin Broglio ("Broglio") (collectively "Individual Defendants.")'. Before the Court is Plaintiff's Motion to Reopen Case, Plaintiff's Motion for Per...

Excerpt: ...id J. Silveira Sr . (“David, Sr.”) were a married couple with five children: Audrey Petricevich (“Audrey”), Manuel Silveira (“Manuel”), Francille Elaine Peters (“Francille”), David Silveira Jr. (“David Jr. ”) and “Dominick Silveira (“Dominick”)2 . (Declaration of Audrey Petricevich (“Audrey Decl.”) ¶ 3.) In or around 2016, Carolyn created the Carolyn L. Silveira Separate Property Revocable Trust dated August 2, 2016...

Excerpt: ...C's Motion to Ame nd Complaint and the First Amended Complaint (FAC) was filed on May 27, 2023, setting the parameter of the pleadings (although there were subsequent cross -complaints and answers thereto, as these were for indemnity and contribution they did not materially affect the ability of the parties to complete discovery and seek to have trial set well before the application in March 2025. (In fact, the parties engaged in a private mediat...

Excerpt: ...nnie K. Tuckerman -Aho (Hurley), Scott Nordyke and Arthur Trillo (“Defendants”). On January 19, 2024, the Court granted the motion for preliminary injunction filed by Defendants Nordyke and Trillo. Pursuant to that ruling, the Plaintiff was ordered to refrain from representing that she was an owner in the Mobile Home Park, had authority to collect rents, to evict tenants, to make alterations to the Park, to incur debts related to the Park or ...

Excerpt: ...5.50, if service by other means authorized by statute is impossible, service may be effected by publication upon approval by the trial court. (See also Watts v. Crawford (1995) 10 Cal.4th 743,748 -749, fn. 5.) For service by publication, a plaintiff must show that they have exercised reasonable diligence to attempt to locate and serve the defendants in another manner. Summons may be served by publication if the plaintiff can, by affidavit, show t...

Excerpt: ... not be a reason to grant or deny a demurrer. (Code Civ. Proc.430.41(a)(4).) I. FACTS Allen Weeks and Barbara Weeks (hereinafter “the Weeks”) were the homeowners of the property at 11058 Slate Drive, San Andreas, California (hereinafter “Subject Property”). In May 1993, John W. Matthews and Diane Matthews (hereinafter “Matthews”) were the homeowners of the property at 11034 Slate Drive, San Andreas, California (hereinafter “Neighbor...